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(영문) 수원지방법원 2020.09.11 2020고단2422
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B fishing code car.

On February 2, 2020, the Defendant driven the above car at around 19:16, and led to turn to the left at one-time speed from the sloping to the 1st century.

At the time, it is night and its location is a three-distance intersection where yellow on-and-off signal is installed, so there was a duty of care to safely drive the brake and steering gear, and prevent accidents by operating it safely.

Nevertheless, by negligence, the defendant neglected to turn to the left as it is, received as part of the part of the victim E (the 30-year-old driving) driving, which was driven on the left-hand side of the right-hand side of the course, in accordance with yellow-off signals, or the upper-hand part of the passenger car in front of the passenger car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. by occupational negligence during approximately two weeks of medical treatment, and at the same time destroyed the above co-car so that the amount equivalent to KRW 541,430 of the repair cost. On the other hand, immediately after the above accident, the Defendant got out of the Defendant’s vehicle without taking necessary measures, such as cutting off the Defendant’s vehicle and providing relief to the victim, and escaped from the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. Written estimate, written diagnosis, and written confirmation of performance;

1. Application of statutes on site photographs, site photographs, and photographs of damaged parts;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Selection of imprisonment or imprisonment with prison labor;

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